WELSH Secretary Cheryl Gillan has risked further damage to her relationship with the Welsh Government by speaking out against the “glaringly obvious” risks of a separate legal jurisdiction for Wales.

Carwyn Jones told AMs last year that the National Assembly’s new lawmaking powers may mean Wales needs a distinctive legal jurisdiction.

But Ms Gillan said she saw “no case for changing the current system” and questioned how a new system would benefit the people of Wales.

The Conservative cabinet minister’s opposition comes as the Welsh Government prepares to launch a consultation on creating a new jurisdiction next month.

Mrs Gillan said that devolution should not be an “never- ending conveyor belt of powers transferring from Westminster to Cardiff”.

An Assembly committee is also investigating the case for a separate jurisdiction and the Silk Commission is due to explore whether further changes should be made to the devolution settlement.

Speaking at a Lloyd George Society lecture in Llandrindod Wells, Mrs Gillan said: “I understand that the Welsh Government is planning a consultation on the establishment of a single legal jurisdiction for Wales. But why?

“What is the problem that needs addressing? How would such a change benefit people or business in Wales?

“The pitfalls of a separate legal jurisdiction for Wales, and consequent devolution of the entire criminal justice system, are glaringly obvious. I see no case for changing the current system for England and Wales, which has served Wales well for centuries.

“There is no reason to make changes simply for change’s sake.”

A Welsh Government spokesman said: “Wales is a nation in its own right.

“Matters relating to laws made in Wales, for Wales, should be determined in Wales, but whether that means that there should be a separate legal jurisdiction can only be decided once our consultation on the matter is concluded.

“Since devolution, we have seen an increasing divergence between Welsh law and the law in England, particularly in the fields of education, health and social care. Inevitably with the Assembly’s new powers it will become increasingly divergent.

“Last March, the people of Wales voted for the National Assembly to have the power to pass Acts of the Assembly across the whole range of subjects within the 20 devolved fields. As a government we have previously made it clear that the question about whether Wales should be a separate legal jurisdiction would become more prominent in the event of a ‘yes’ vote in the referendum.

“We recognise that debate on this topic has already begun. The National Assembly’s Constitutional and Legislative Affairs Committee is already looking at this matter.

“We have not, yet, formed a view on this issue, but we believe it is in the interests of Wales that we should help shape the debate. That is why we are launching a consultation, which will give the legal community and members of the public the opportunity to give their views and contribute to the debate.

“We will consider all views submitted to us, allowing us to come to a well-informed view rather than pre-judging the issues. It is important for us to undertake this consultation this year, as its outcome will assist us to formulate our position on this issue in time to provide evidence to the Silk Commission Part Two.”

He said: “Full legislative devolution is central to Plaid Cymru policy and we maintain that Wales needs a separate jurisdiction in order to best serve its people. It is common sense that the right to administer the justice of those laws which apply to the people of Wales should be placed in the hands of our own government.

“A separate jurisdiction would offer a system with greater accountability while being tailored to the economic and social needs of Wales. It is unacceptable that such terms are dictated by a government hundreds of miles away in Westminster.

“The time has come for a full and informed discussion on the need for a separate jurisdiction for Wales. Recently, we have seen the setting up of a Wales legal circuit, an all Wales probation service.

“The judiciary, practitioners and the public service are all coming to the same conclusion – now that we have laws and regulations which differ from our counterparts in England and Scotland. As far as I know Wales has the only legislature in the world that does not have its own legal system.

“We need to put that right. Full devolution in this field would provide the tools necessary for Wales to develop as a strong nation capable of making its own decisions without the bureaucracy and stagnation that comes with to-ing and fro-ing with Westminster.”

In 2009 then-Labour Justice Secretary Jack Straw argued a referendum would be needed before a new jurisdiction could be launched, saying: “A change to separate legal jurisdiction is a very fundamental change – and the people of Wales would need to be asked if they should want it.”

In 2010 the Assembly’s first counsel general, Winston Roddick QC, argued ahead of the referendum on law-making powers that a Yes vote would trigger the need for a jurisdiction.

He said: “Devolving justice to an Assembly or Parliament enjoying legislative competence makes good constitutional sense. It would be logical, consistent and coherent.”

Last March First Minister Carwyn Jones said: “I’m not aware of any other part of the world where two primary lawmaking institutions exist within the same jurisdiction, passing laws in the same areas of responsibility.”

Labour Education Minister Leighton Andrews this week said on the subject: “[All] I would say is anybody who wants to create its own separate legal system for Wales is likely to be lining the pockets of the lawyers.”

In her speech to the Lloyd George Society, Mrs Gillan also called on the Welsh Government to reform service delivery.

She said: “A lot of improvement could be made to the way services are delivered in Wales. But the Welsh Government’s pace of reform is too slow. Its ideas too limited.”

Making the case for greater financial accountability for the Welsh Government, she said: “As things currently stand, the Welsh Government receives some £15bn a year from the Treasury and simply spends it. There is no accountability to Welsh electors for the amount it spends or how the money is raised.”